Re:U.S. Supreme Court deems half of Oklahoma a Native Americ...
by nostromo on Thursday July 09, 2020 @02:00PM
(#23783050)
No, I understand, and agree with the decision.
My disagreement is with people who excuse executive overreach by saying, "congress refused to act." Put another way, they're saying, "I had to work around the law to get what I wanted."
The justices' point is that congress, in its inaction, has not enabled the reduction in Creek reservations that has been perpetrated through large-scale disenfranchisement all all levels of governance, actions which are in direct conflict with the reservation treaty signed in perpetuity.
For these actions to be legal, Congress must have authorized them. This has not happened and therefore, as the justices rule, these actions are unconstitutional.